# State v. Underwood > Supreme Court of Kansas · July 18, 1980 · 228 Kan. 294 URL: https://www.frixlaw.com/law-library/cases/9578602 ## Case - **Full name:** State of Kansas, Appellee, v. Curtis Leon Underwood, Appellant - **Court:** Supreme Court of Kansas - **Decided:** July 18, 1980 - **Citations:** 228 Kan. 294; 615 P.2d 153; 1980 Kan. LEXIS 327 - **Precedential status:** Published - **Opinion:** Dissent by Schroeder - **Judges:** Fromme, Schroeder, Miller, McFarland - **Cited by:** 53 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9578602 ## How later opinions describe it (automated extraction) - holding that “in determining whether a particular collateral felony is inherently dangerous to human life so as to justify a charge of felony murder under [the Kansas felony murder statute], the elements of the collateral felony should be viewed in the abstract, and the circum… - stating that unlawful possession of a firearm, when viewed in the abstract, is not a felony inherently dangerous to human life and would not sustain conviction for murder in the first degree under felony murder rule - holding that the unlawful possession of a firearm by an ex-felon when viewed in the abstract is not inherently dangerous to human life ## Opinion text Schroeder, C.J., dissenting. State v. Moffitt, 199 Kan. 514 , 431 P.2d 879 (1967), has been the law of Kansas for thirteen years. The court now reverses its position on the law in that case regarding felony murder, where the underlying felony is the unlawful possession of a firearm proscribed by K.S.A. 21-4204(1)(6). I would adhere to the law in the Moffitt decision. Miller and McFarland, JJ., join in the foregoing dissenting opinion. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9578602. Public record. Not legal advice.